Legal tips for business #Startups
In this post, we have shared a couple of tips for business Startups with the aid of infographs, you can read the full article here.
Akorede Omotayo – Binding a contract by Text Message?
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| photo – irishtimes.com |
Binding a
contract by Text Message? New Traps for Deal – Makers in Commercial
Negotiations.
contract by Text Message? New Traps for Deal – Makers in Commercial
Negotiations.
With the prevalence of email and text
messaging in today’s business world, multi-billion dollar deals can be signed
up without the parties even sitting down together. As Frank Aquila and Sarah
Payne of Sullivan & Cromwell LLP submits, Business negotiations, and
especially commercial deals, between lawyers and businesspeople alike occur
over emails, often with shorthand, with words that may not be chosen with the
same degree of thought and care as the words that are “written” in the actual
transaction document.
messaging in today’s business world, multi-billion dollar deals can be signed
up without the parties even sitting down together. As Frank Aquila and Sarah
Payne of Sullivan & Cromwell LLP submits, Business negotiations, and
especially commercial deals, between lawyers and businesspeople alike occur
over emails, often with shorthand, with words that may not be chosen with the
same degree of thought and care as the words that are “written” in the actual
transaction document.
However, in a recent United States decision
by the Massachusetts Land Court, considered by many as a landmark, text messages between two real estate
brokers regarding the purchase and sale of a commercial building was held to be
capable of constituting an acceptance to an offer.
by the Massachusetts Land Court, considered by many as a landmark, text messages between two real estate
brokers regarding the purchase and sale of a commercial building was held to be
capable of constituting an acceptance to an offer.
Facts of the
case
case
In this case, St. John’s Holdings, LLC v. Two
Electronics LLC, the plaintiff, St. John’s
Holding (SJH), and the defendant (Two Electronics) had negotiated for the sale
of a commercial building worth $3.232 million. Both parties were represented by
commercial real estate brokers and had negotiated in person and via email and text
messages, during the course of which both parties had agreed to reduce the
terms of the agreement to a letter of intent (LOI).
Electronics LLC, the plaintiff, St. John’s
Holding (SJH), and the defendant (Two Electronics) had negotiated for the sale
of a commercial building worth $3.232 million. Both parties were represented by
commercial real estate brokers and had negotiated in person and via email and text
messages, during the course of which both parties had agreed to reduce the
terms of the agreement to a letter of intent (LOI).
Subsequently, the seller’s broker sent
the buyer’s agent a text message asking that the buyer sign the final LOI and
submit a deposit check, which the buyer later did. Each of the text at issue
concluded with the sender’s name. However, rather than execute its end of the
LOI, the seller’s agent accepted a third party’s offer to buy the building. The jilted buyer
sued to enforce its rights as a buyer of the building under a binding letter of
intent to purchase.
the buyer’s agent a text message asking that the buyer sign the final LOI and
submit a deposit check, which the buyer later did. Each of the text at issue
concluded with the sender’s name. However, rather than execute its end of the
LOI, the seller’s agent accepted a third party’s offer to buy the building. The jilted buyer
sued to enforce its rights as a buyer of the building under a binding letter of
intent to purchase.
It was the defendants case that no
contract was formed because Two Electronics did not accept the offer to
purchase and the communication between the parties about the sale of the
property did not satisfy the condition in the Massachusetts’s Statute of Fraud
that an acceptance will not be binding except it is in a written form.
contract was formed because Two Electronics did not accept the offer to
purchase and the communication between the parties about the sale of the
property did not satisfy the condition in the Massachusetts’s Statute of Fraud
that an acceptance will not be binding except it is in a written form.
Court’s Judgement
However, even though the Seller did not
physically sign the LOI, the Court found that the text messages, taken in
context, constituted an acceptance to make the contract binding. Further, the
Court found that the typed signature at the end of the text was sufficient to
authenticate the identity of the sender.
physically sign the LOI, the Court found that the text messages, taken in
context, constituted an acceptance to make the contract binding. Further, the
Court found that the typed signature at the end of the text was sufficient to
authenticate the identity of the sender.
In other words, as O’Connor reiterates, the court noted that “[t]he
communications between SJH and Two Electronics before the text message
evidenced a meticulous attention to provisions that would govern the agreement
to purchase the [building].” When read in context of the exchanges between the
parties, the court concluded that the text messages at issue constituted a
binding offer and acceptance.
communications between SJH and Two Electronics before the text message
evidenced a meticulous attention to provisions that would govern the agreement
to purchase the [building].” When read in context of the exchanges between the
parties, the court concluded that the text messages at issue constituted a
binding offer and acceptance.
Concluding
remarks
remarks
Of course this case is just a
persuasive precedent, it’s importance to contractual dealings in Nigeria is a
little more than obvious. Contracting parties and brokers should be aware that making
commercial deals via emails and text messages is gradually becoming a dangerous
minefield.
persuasive precedent, it’s importance to contractual dealings in Nigeria is a
little more than obvious. Contracting parties and brokers should be aware that making
commercial deals via emails and text messages is gradually becoming a dangerous
minefield.
Brokers
need to take precautions to qualify their language in all
electronic communications and warn their clients to use the following disclaimers when negotiating
deals: “Emails
and text messages sent or received shall neither constitute acceptance of
conducting transactions via electronic means nor shall create a binding
contract in the absence of a fully signed written agreement.
need to take precautions to qualify their language in all
electronic communications and warn their clients to use the following disclaimers when negotiating
deals: “Emails
and text messages sent or received shall neither constitute acceptance of
conducting transactions via electronic means nor shall create a binding
contract in the absence of a fully signed written agreement.
It is
the opinion of this writer that a new level of precaution is required when
engaging in such instantaneous and often seemingly informal commercial
negotiations.
the opinion of this writer that a new level of precaution is required when
engaging in such instantaneous and often seemingly informal commercial
negotiations.
Akorede Omotayo
Dunmade Onibokun: Elements of a good Alibi in a criminal trial
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| Photo – 123rf.com |
Kunle
Aminu Eze, was accused of armed robbery. It was alleged that he and 5 other
people accosted John, a gold merchant just returning from the bank and robbed
him ofN15,000,000 (Fifteen Million
Naira). Kunle Aminu Eze was identified by a witness to the crime who claimed
she recognized him as a regular client of an auto-mechanic in her neighbourhood
and described how Kunle Aminu Eze had led the gang by shouting orders. Kunle
Aminu Eze however expressed his innocence and claimed to have been with his
girlfriend in Lokoja when the act occurred. The matter went to trial before the
High Court and Kunle Aminu Eze was sentenced to life imprisonment.
Aminu Eze, was accused of armed robbery. It was alleged that he and 5 other
people accosted John, a gold merchant just returning from the bank and robbed
him of
Naira). Kunle Aminu Eze was identified by a witness to the crime who claimed
she recognized him as a regular client of an auto-mechanic in her neighbourhood
and described how Kunle Aminu Eze had led the gang by shouting orders. Kunle
Aminu Eze however expressed his innocence and claimed to have been with his
girlfriend in Lokoja when the act occurred. The matter went to trial before the
High Court and Kunle Aminu Eze was sentenced to life imprisonment.
There are many legal
elements to the scenario above including; the crime, the testimony of the
witness, the accused person’s defence and also the conviction. This post will
however be taking a look at the 3rd stated element, which is the
accused person’s defence. How come he had been convicted for the crime even
though he claimed to have been in Lokoja, when the crime was committed?
elements to the scenario above including; the crime, the testimony of the
witness, the accused person’s defence and also the conviction. This post will
however be taking a look at the 3rd stated element, which is the
accused person’s defence. How come he had been convicted for the crime even
though he claimed to have been in Lokoja, when the crime was committed?
The word Alibi in its original
latin context as an adverb, means “elsewhere”. The Eight edition of the Black’s
Law Dictionary defines it as “a defence
based on the physical impossibility of a defendant’s guilt by placing the
defendant in a location other than the scene of the crime at the relevant time”.
In essence, the accused person’s alibi from our scenario was that he was
somewhere else with his girlfriend at the time of the armed robbery, how come
he was then convicted?
latin context as an adverb, means “elsewhere”. The Eight edition of the Black’s
Law Dictionary defines it as “a defence
based on the physical impossibility of a defendant’s guilt by placing the
defendant in a location other than the scene of the crime at the relevant time”.
In essence, the accused person’s alibi from our scenario was that he was
somewhere else with his girlfriend at the time of the armed robbery, how come
he was then convicted?
In the case of Ogoola V.
The State (1991) 2 NWLR (Pt. 175)509, the court held that “it is not a proper
way of raising a defence of alibi for an accused to merely show that he was
elsewhere at a time antecedent to the time the crime was proved to have been
committed. He must go further to show that because he was at that place at that
time, it was impossible for him to have been at the scene of the crime when it
was shown to have been committed.”
The State (1991) 2 NWLR (Pt. 175)509, the court held that “it is not a proper
way of raising a defence of alibi for an accused to merely show that he was
elsewhere at a time antecedent to the time the crime was proved to have been
committed. He must go further to show that because he was at that place at that
time, it was impossible for him to have been at the scene of the crime when it
was shown to have been committed.”
The essence of the above
decision is that when an accused person claims in his alibi to have been
elsewhere, he must further prove that he was indeed elsewhere.
decision is that when an accused person claims in his alibi to have been
elsewhere, he must further prove that he was indeed elsewhere.
To further illustrate, the
court in Obiode V. The State (1970) 1 ALL NLR 35 stated that “the law is that it is not enough for an
accused to raise the defence of alibi at large. He must give adequate
particulars of his whereabouts at the time of the commission of the offence to
assist the police to make a meaningful investigation of the alibi. If the
accused person said he was in a particular locality or with a particular person
or persons, he must give a lead as to the specific place, the names and/or
addresses of whom to contact and the relevant period he was away from the scene
of the crime.
court in Obiode V. The State (1970) 1 ALL NLR 35 stated that “the law is that it is not enough for an
accused to raise the defence of alibi at large. He must give adequate
particulars of his whereabouts at the time of the commission of the offence to
assist the police to make a meaningful investigation of the alibi. If the
accused person said he was in a particular locality or with a particular person
or persons, he must give a lead as to the specific place, the names and/or
addresses of whom to contact and the relevant period he was away from the scene
of the crime.
It must also be noted that
if the alibi is however contradicted by the prosecution and sufficient proof is
given to rebut the alibi, then the defence fails. For instance, Kunle Aminu Eze
from our scenario merely stated that he was away from the scene of the crime in
Lokoja. He never gave the name or address of the girlfriend he was with,
neither did the girlfriend testify on his behalf or write a statement
supporting his case.
if the alibi is however contradicted by the prosecution and sufficient proof is
given to rebut the alibi, then the defence fails. For instance, Kunle Aminu Eze
from our scenario merely stated that he was away from the scene of the crime in
Lokoja. He never gave the name or address of the girlfriend he was with,
neither did the girlfriend testify on his behalf or write a statement
supporting his case.
However, the prosecution
was able to tender the statement of the eye witness who described how Kunle
Aminu Eze had not only been at the scene of the crime at the material time, but
had participated in the crime and was in fact the ring leader of the group of
robbers as he was the person shouting orders to the other members.
was able to tender the statement of the eye witness who described how Kunle
Aminu Eze had not only been at the scene of the crime at the material time, but
had participated in the crime and was in fact the ring leader of the group of
robbers as he was the person shouting orders to the other members.
In a nutshell, for the
defence of alibi to be successful, such defendant must prove his alibi with
supporting facts such as details of where he was and whom he was with and also
the prosecution must not have superior facts to counter the alibi.
defence of alibi to be successful, such defendant must prove his alibi with
supporting facts such as details of where he was and whom he was with and also
the prosecution must not have superior facts to counter the alibi.
Dunmade
Onibokun Esq.
Onibokun Esq.
Adedunmade Onibokun and Co.
Ivie Omoregie: Change – Breaking Down the New Forex Guidelines
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| Photo – www.nigeriacommunicationsweek.com.ng |
Anyone living in or having
dealings with Nigeria over the last few months would be aware of the MADNESS
(apologies for the crude terminology) that has engulfed the value of the naira.
This is especially so for people who have forex denominated outflows, yet
receive their primary income in naira. I, for one, have resorted to suffering
and smiling, hoping like all struggles, this too shall pass.
dealings with Nigeria over the last few months would be aware of the MADNESS
(apologies for the crude terminology) that has engulfed the value of the naira.
This is especially so for people who have forex denominated outflows, yet
receive their primary income in naira. I, for one, have resorted to suffering
and smiling, hoping like all struggles, this too shall pass.
The biggest issue being the fact that the Central Bank of Nigeria (the “CBN”)
simply does not have enough foreign currency reserves to pay companies entitled
to access the official forex market (selling at N197.50/$) and thus forcing
these companies to source their forex demands on the black market (selling at
N365/$). As you can imagine, when transacting in high volumes, this discrepancy
is simply not sustainable and has been the main reason we have seen a drastic
slump in the rate at which foreign investors are coming into Nigeria.
For example, as of March
2016, an equivalent of about $575million belonging to foreign airlines was
trapped in Nigeria, with the CBN being unable to source the dollars to enable
these airlines send back these funds at the official rate. Anyone who tried to
book an airline ticket during this period might have noticed that the price of
tickets had sky rocketed, with some airlines simply mandating that payment for
their tickets be done in foreign currencies. Only airlines apparently not in
dire need of these funds, and able to lock in their naira balances have been
able to maintain a relatively reasonable naira ticket price.
2016, an equivalent of about $575million belonging to foreign airlines was
trapped in Nigeria, with the CBN being unable to source the dollars to enable
these airlines send back these funds at the official rate. Anyone who tried to
book an airline ticket during this period might have noticed that the price of
tickets had sky rocketed, with some airlines simply mandating that payment for
their tickets be done in foreign currencies. Only airlines apparently not in
dire need of these funds, and able to lock in their naira balances have been
able to maintain a relatively reasonable naira ticket price.
The Wednesday 15th
June 2016 Guidelines
There has been a lot of speculation about the devaluation of the naira. We all
knew it was inevitable, but the question was ‘when?’.
June 2016 Guidelines
There has been a lot of speculation about the devaluation of the naira. We all
knew it was inevitable, but the question was ‘when?’.
On Wednesday the 15th June
a friend called to inform me that the CBN governor was already on TV about to
make the long anticipated official pronouncement on the flexible exchange rate
regime.
a friend called to inform me that the CBN governor was already on TV about to
make the long anticipated official pronouncement on the flexible exchange rate
regime.
As we watched the speech
the room was in total confusion as to exactly what he was saying, arguments
broke out left right and center in a bid to interpret the meaning behind what
was being said and the impact it might have on the way we are currently doing
business. I am sure at the time of making the pronouncements some specific
details regarding the realities would have needed further working, with some
members of the CBN being slightly confused themselves.
the room was in total confusion as to exactly what he was saying, arguments
broke out left right and center in a bid to interpret the meaning behind what
was being said and the impact it might have on the way we are currently doing
business. I am sure at the time of making the pronouncements some specific
details regarding the realities would have needed further working, with some
members of the CBN being slightly confused themselves.
This article intends to
summarise some of the key changes introduced by the CBN guidelines in a manner
that everyone can understand.
summarise some of the key changes introduced by the CBN guidelines in a manner
that everyone can understand.
Uncapped and
Flexible Pricing
The official forex market rate has now been discarded, thus we will no longer
have the N197.50/$ peg which had been previously available for eligible
transactions, and which has arguably been a great hindrance to the economy.
What has been introduced in its place is a single market structure that will
have exchange rates which will not be dependent on or be determined by the CBN.
This new forex market will instead be driven by market forces, with the value
of the naira being determined on a daily basis by these forces, similar to what
we have on the black market.
Flexible Pricing
The official forex market rate has now been discarded, thus we will no longer
have the N197.50/$ peg which had been previously available for eligible
transactions, and which has arguably been a great hindrance to the economy.
What has been introduced in its place is a single market structure that will
have exchange rates which will not be dependent on or be determined by the CBN.
This new forex market will instead be driven by market forces, with the value
of the naira being determined on a daily basis by these forces, similar to what
we have on the black market.
Under these new
guidelines, the CBN is empowered to participate in the new forex market through
periodic interventions to either buy or sell FX as and when needed to ensure
continuous liquidity, thus keeping the exchange rates within check.
guidelines, the CBN is empowered to participate in the new forex market through
periodic interventions to either buy or sell FX as and when needed to ensure
continuous liquidity, thus keeping the exchange rates within check.
Over The Counter
Forex Futures Market
Forex Futures Market
In a further attempt to
somewhat stabilise the new forex market the CBN has also introduced the forex
futures market. On this market, authorised dealers and end users with eligible
trade backed transactions may purchase forex for future use. So for example,
where a trade-backed end user has purchased forex for use over the next 12
months and has agreed a rate of N298/$ for such transactions, where at the time
of actual forex exchange the market price has gone up to N291/$ the CBN will
bear the naira difference. However in instances where the price has gone down
to N295/$ the trade backed end user would have to refund the CBN the
difference.
somewhat stabilise the new forex market the CBN has also introduced the forex
futures market. On this market, authorised dealers and end users with eligible
trade backed transactions may purchase forex for future use. So for example,
where a trade-backed end user has purchased forex for use over the next 12
months and has agreed a rate of N298/$ for such transactions, where at the time
of actual forex exchange the market price has gone up to N291/$ the CBN will
bear the naira difference. However in instances where the price has gone down
to N295/$ the trade backed end user would have to refund the CBN the
difference.
This new one -the-counter
forex futures market is aimed at reducing the demand for forex on the spot
market (where foreign exchange is traded for immediate delivery). This is done
by moving the non-urgent or anticipated demands to the futures market. This
will also enable the CBN to anticipate bulk forex demands, thus making the
necessary plans to cater for same accordingly.
forex futures market is aimed at reducing the demand for forex on the spot
market (where foreign exchange is traded for immediate delivery). This is done
by moving the non-urgent or anticipated demands to the futures market. This
will also enable the CBN to anticipate bulk forex demands, thus making the
necessary plans to cater for same accordingly.
Eligibility for the
New Forex Market
New Forex Market
Unfortunately, under the
new guidelines all the items previously ineligible for foreign exchange at the
official rates (N197.50/$) remain ineligible in the new market and would have
to continue to source their foreign exchange needs from alternative sources.
Thus businesses involved in the importation of rice, furniture, toothpicks,
textiles etc. would have to continue to call Mallam Awalu to change their naira
to Dollars.
new guidelines all the items previously ineligible for foreign exchange at the
official rates (N197.50/$) remain ineligible in the new market and would have
to continue to source their foreign exchange needs from alternative sources.
Thus businesses involved in the importation of rice, furniture, toothpicks,
textiles etc. would have to continue to call Mallam Awalu to change their naira
to Dollars.
Conclusion
The truth is, no one knows what the future holds, including the CBN. As we have
seen over the last few months, a number of policies have been introduced with
the hope of alleviating the illiquidity situation; and as we can all testify,
policies introduced in the past have only successfully made the situation
worse. However, as a loyal patriotic supporter of the Nigerian economy, I sit
with arms folded and prayerful that this too shall also pass.
The truth is, no one knows what the future holds, including the CBN. As we have
seen over the last few months, a number of policies have been introduced with
the hope of alleviating the illiquidity situation; and as we can all testify,
policies introduced in the past have only successfully made the situation
worse. However, as a loyal patriotic supporter of the Nigerian economy, I sit
with arms folded and prayerful that this too shall also pass.
Ed’s Note- This article was originally posted here
Ronke Omorodion – Have you paid your annual returns?
Hey
there! We are back with our Chronicles of Becky.
there! We are back with our Chronicles of Becky.
Becky
has been running her company for five years now. Her staff strength had grown
to 15 full time and part time workers. Her business was growing and so was her
clientele.
has been running her company for five years now. Her staff strength had grown
to 15 full time and part time workers. Her business was growing and so was her
clientele.
One
Monday morning, Becky got to work and as usual she picked up one of the national
dailies (she usually buys them from the newspaper vendor down the road).
Monday morning, Becky got to work and as usual she picked up one of the national
dailies (she usually buys them from the newspaper vendor down the road).
As
she flipped through, a particular headline caught her eyes. It read:
she flipped through, a particular headline caught her eyes. It read:
“CAC
To De-list 50, 000 Companies Over Annual Returns”.
To De-list 50, 000 Companies Over Annual Returns”.
She
went ahead to read it again and discovered that the Corporate Affairs
Commission was set to remove the names thousands of companies from their
register for failing to file their annual returns.
went ahead to read it again and discovered that the Corporate Affairs
Commission was set to remove the names thousands of companies from their
register for failing to file their annual returns.
Looking
back she remembered that her lawyer had mentioned it to her some years back,
but she ignored him then and said she would make the payment later. Immediately
she called her lawyer and asked to help her with the payment of the fees. The
initial fee was N8,000 but she ended up paying an additional N24,000 as penalty
for late payment.
back she remembered that her lawyer had mentioned it to her some years back,
but she ignored him then and said she would make the payment later. Immediately
she called her lawyer and asked to help her with the payment of the fees. The
initial fee was N8,000 but she ended up paying an additional N24,000 as penalty
for late payment.
Case
Analysis.
Analysis.
The
Corporate Affairs Commission has made it compulsory for every registered
company and business name to file their annual returns at the end of each year.
For newly registered companies, the first annual returns should be filed after
18 months of incorporation while for sole proprietorship its 6 months.
Corporate Affairs Commission has made it compulsory for every registered
company and business name to file their annual returns at the end of each year.
For newly registered companies, the first annual returns should be filed after
18 months of incorporation while for sole proprietorship its 6 months.
The
headline above, was released in September 2015 and according to the Registrar
General, 9,347 companies had so far been de-listed by the commission since
inception for failing to file their annual returns.
headline above, was released in September 2015 and according to the Registrar
General, 9,347 companies had so far been de-listed by the commission since
inception for failing to file their annual returns.
Why
should my Company pay annual returns?
should my Company pay annual returns?
1. Failure to pay
annual returns puts your company at risk of being de-listed by the CAC. When a
company is delisted, it means its name has been struck off the register of the
CAC. Meaning your company no longer exist.
annual returns puts your company at risk of being de-listed by the CAC. When a
company is delisted, it means its name has been struck off the register of the
CAC. Meaning your company no longer exist.
2. You cannot carry
out any post incorporation process without payment of annual returns. This
means you cannot request for CTC of your Company’s certificate, you can’t
change your directors, secretary or address and so many more.
out any post incorporation process without payment of annual returns. This
means you cannot request for CTC of your Company’s certificate, you can’t
change your directors, secretary or address and so many more.
3. Filing annual
returns when due will prevent businesses from payment of penalties that apply
for late filing of annual returns.
returns when due will prevent businesses from payment of penalties that apply
for late filing of annual returns.
4. Up-to-date
annual return filing is usually a criterion for most contract bids in public or
private establishments.
annual return filing is usually a criterion for most contract bids in public or
private establishments.
Note
that the penalty for each year is N3,000 so be wise and make hay while the sun
shines because you never can tell when you will need to process something at
the CAC.
that the penalty for each year is N3,000 so be wise and make hay while the sun
shines because you never can tell when you will need to process something at
the CAC.
Thanks
for reading till the end. It will be nice to know your thoughts on this. Catch
ya!
for reading till the end. It will be nice to know your thoughts on this. Catch
ya!
Ed’s Note – This article
was originally posted by the author here.
was originally posted by the author here.
Music Saturdays – Slimusic
Stuck
in a dilemma between his childhood ambition to be a lawyer and his passion for
music, he opted for his ambition but in between he was still writing songs and
going for petty shows. Now a lawyer but he can’t stay away from his music.
in a dilemma between his childhood ambition to be a lawyer and his passion for
music, he opted for his ambition but in between he was still writing songs and
going for petty shows. Now a lawyer but he can’t stay away from his music.
“It is rare to see someone who does so many
things at the same time and does it so well, and NO! He’s not a dilettante
……..”
those were the words of his old boss when asked about WILLIAMS MICHAEL
MAYOMI.
things at the same time and does it so well, and NO! He’s not a dilettante
……..”
those were the words of his old boss when asked about WILLIAMS MICHAEL
MAYOMI.
Download
and listen
and listen
MEAN THE WORLD
by Slimusic
by Slimusic
STAY WITH
ME (COVER) by Slimusic
ME (COVER) by Slimusic
ONLY ONE (feat. Lil
Miss Jay) by Slimusic
Miss Jay) by Slimusic
Tunde Okewale, From GQ Cool list to Queen’s Honours List”
Tunde Okewale awarded MBE in 2016 Queen’s Birthday Honours list for services to the community and disadvantaged young people. The
award was made in recognition of his “services to the community and
disadvantaged young people”.
award was made in recognition of his “services to the community and
disadvantaged young people”.
Tunde
Okewale, Barrister at Doughty Street Chambers and founder of Urban
Lawyers, is a popular figure on social media and made GQ’s 2014 “cool”
list.
Okewale, Barrister at Doughty Street Chambers and founder of Urban
Lawyers, is a popular figure on social media and made GQ’s 2014 “cool”
list.
Background and achievements
Tunde
is 32 years of age and a Barrister at Doughty Street Chambers. He was raised on
a council estate in Hackney, East London. He is the eldest of four children and
was the first person in my family to attend university and obtain a degree.
During his studies, Tunde undertook numerous simultaneous part-time jobs in the
food and retail industry, to enable him to contribute towards his household.
Consequently, his academic studies suffered, and he obtained a 2.2 in his
undergraduate degree. Career advisors and professionals told him that he would
never make it. Despite this setback, Tunde ploughed on. He involved himself in
community work and was eventually invited to conduct a workshop on behalf of
the Greater London Authority. As a result of his performance on this project,
he was asked to become a director of the charity, From Boyhood to Manhood
Foundation, and was awarded a meritorious scholarship to attend bar school
where he would excel academically to offset his undergraduate grades.
is 32 years of age and a Barrister at Doughty Street Chambers. He was raised on
a council estate in Hackney, East London. He is the eldest of four children and
was the first person in my family to attend university and obtain a degree.
During his studies, Tunde undertook numerous simultaneous part-time jobs in the
food and retail industry, to enable him to contribute towards his household.
Consequently, his academic studies suffered, and he obtained a 2.2 in his
undergraduate degree. Career advisors and professionals told him that he would
never make it. Despite this setback, Tunde ploughed on. He involved himself in
community work and was eventually invited to conduct a workshop on behalf of
the Greater London Authority. As a result of his performance on this project,
he was asked to become a director of the charity, From Boyhood to Manhood
Foundation, and was awarded a meritorious scholarship to attend bar school
where he would excel academically to offset his undergraduate grades.
The fact
that Tunde managed to qualify as a barrister, and obtain tenancy at a major
Chambers, is a demonstration of his sheer determination to prosper in spite of
his socioeconomic background. His journey and remarkable accomplishments have
inspired young people from backgrounds similar to his own to persevere and
succeed against the odds.
that Tunde managed to qualify as a barrister, and obtain tenancy at a major
Chambers, is a demonstration of his sheer determination to prosper in spite of
his socioeconomic background. His journey and remarkable accomplishments have
inspired young people from backgrounds similar to his own to persevere and
succeed against the odds.
In
2009, Tunde founded a charity organisation called Urban Lawyers which is a
multi-media education and information centre designed to educate, engage and
stimulate discussion amongst young people about their attitudes towards
criminal law, policing and personal responsibility. Urban Lawyers also provides
resources, information and opportunities for young people to secure work and/or
experience in the legal profession. Through Urban Lawyers, Tunde has helped a
minimum of 5 thousand students achieve and attain their career goals, and have
educated at least 10 thousand people on their legal rights. This has been
accomplished through a range of activities at multiple universities across the
United Kingdom (such as Nottingham Trent University, London Metropolitan
University, Kingston University, Cardiff University, UCL, King’s College
London, University of Hertfordshire, BPP Law School, and Sheffield University,
to name a few). The organisation has provided summer work placements, mock
assessment days, interviewing and CV clinics, and soft skills training for
thousands of students across these UK higher education institutions. The
initiatives have given the students opportunities to meet professionals, obtain
work experience, and gain insights into the legal profession. Although the
projects target students from non-traditional backgrounds, its impact and
benefits have been experienced by students from multiple backgrounds.
2009, Tunde founded a charity organisation called Urban Lawyers which is a
multi-media education and information centre designed to educate, engage and
stimulate discussion amongst young people about their attitudes towards
criminal law, policing and personal responsibility. Urban Lawyers also provides
resources, information and opportunities for young people to secure work and/or
experience in the legal profession. Through Urban Lawyers, Tunde has helped a
minimum of 5 thousand students achieve and attain their career goals, and have
educated at least 10 thousand people on their legal rights. This has been
accomplished through a range of activities at multiple universities across the
United Kingdom (such as Nottingham Trent University, London Metropolitan
University, Kingston University, Cardiff University, UCL, King’s College
London, University of Hertfordshire, BPP Law School, and Sheffield University,
to name a few). The organisation has provided summer work placements, mock
assessment days, interviewing and CV clinics, and soft skills training for
thousands of students across these UK higher education institutions. The
initiatives have given the students opportunities to meet professionals, obtain
work experience, and gain insights into the legal profession. Although the
projects target students from non-traditional backgrounds, its impact and
benefits have been experienced by students from multiple backgrounds.
Through
its increasing track record in nurturing young talent in the field of law,
Urban Lawyers has won the support of firms such as Berwin Leighton Paisner, and
Hogan Lovell’s pro bono unit. Urban Lawyers recently awarded 4 scholarships in
partnership with BPP Law School. These awards provided financial assistance to
students from non-traditional backgrounds who demonstrate academic potential
and are actively involved in community outreach.
its increasing track record in nurturing young talent in the field of law,
Urban Lawyers has won the support of firms such as Berwin Leighton Paisner, and
Hogan Lovell’s pro bono unit. Urban Lawyers recently awarded 4 scholarships in
partnership with BPP Law School. These awards provided financial assistance to
students from non-traditional backgrounds who demonstrate academic potential
and are actively involved in community outreach.
Tunde
has worked pro-bono on several cases, one of these was a case referred by the
Cardiff University Innocence Project which saw the overturn of the wrongful
conviction of Dwaine George. This was the first ever case to be referred to the
Court of Appeal by university students.
has worked pro-bono on several cases, one of these was a case referred by the
Cardiff University Innocence Project which saw the overturn of the wrongful
conviction of Dwaine George. This was the first ever case to be referred to the
Court of Appeal by university students.
Tunde
provides legal training to Youth Offending Teams across the country,
particularly those that deal with high-risk offenders. This role highlights
Tunde’s holistic involvement in the criminal justice system, working directly
with those that come into contact with it at every juncture. This enables him
to transfer knowledge and insights between organisations within the criminal
justice system. Thus, empowering those organisations to provide a better
service and to transform the lives of those who engage with them.
provides legal training to Youth Offending Teams across the country,
particularly those that deal with high-risk offenders. This role highlights
Tunde’s holistic involvement in the criminal justice system, working directly
with those that come into contact with it at every juncture. This enables him
to transfer knowledge and insights between organisations within the criminal
justice system. Thus, empowering those organisations to provide a better
service and to transform the lives of those who engage with them.
When
Tunde is not in court, he is heavily involved in community outreach work. He
has substantial public speaking experience and regularly participates in events
for charitable bodies and runs educational workshops for community groups such
as SE1 United and Elevation Networks; workshops on youth crime for the London
Borough of Waltham Forrest and the London Borough of Southwark; workshops on
employment and discrimination rights for people with disability at the Royal
Institute for Blind; educational and inspirational seminars at Raynes Park
School, Junior Chamber International, Free The Child Foundation, and Body and
Soul, just to name a few. Tunde’s work with Body and Soul focused on enhancing
and improving the self-confidence affected by HIV/Aids. He did this by
volunteering at the centre and delivering workshops and motivational talks.
Tunde’s engagement with the community has not only inspired and encouraged
community cohesion but has also educated and empowered the disaffected. The
cumulative effect of Tunde’s involvement in the community has inspired the
younger generation and reminded an older generation of the relationship between
success and service.
Tunde is not in court, he is heavily involved in community outreach work. He
has substantial public speaking experience and regularly participates in events
for charitable bodies and runs educational workshops for community groups such
as SE1 United and Elevation Networks; workshops on youth crime for the London
Borough of Waltham Forrest and the London Borough of Southwark; workshops on
employment and discrimination rights for people with disability at the Royal
Institute for Blind; educational and inspirational seminars at Raynes Park
School, Junior Chamber International, Free The Child Foundation, and Body and
Soul, just to name a few. Tunde’s work with Body and Soul focused on enhancing
and improving the self-confidence affected by HIV/Aids. He did this by
volunteering at the centre and delivering workshops and motivational talks.
Tunde’s engagement with the community has not only inspired and encouraged
community cohesion but has also educated and empowered the disaffected. The
cumulative effect of Tunde’s involvement in the community has inspired the
younger generation and reminded an older generation of the relationship between
success and service.
Tunde
has also delivered a number of Stop-and-Search workshops in difficult schools
and London boroughs (such as Hackney, Waltham Forrest, Southwark) working with
at-risk youth and encouraging them to positively engage with legal enforcement
agencies. As a result of his endeavours, he is frequently invited to repeat the
workshops and also deliver them on a national level.
has also delivered a number of Stop-and-Search workshops in difficult schools
and London boroughs (such as Hackney, Waltham Forrest, Southwark) working with
at-risk youth and encouraging them to positively engage with legal enforcement
agencies. As a result of his endeavours, he is frequently invited to repeat the
workshops and also deliver them on a national level.
Tunde
also supports grassroots organisations such as the campaign group, JENGbA
(Joint Enterprise Not Guilty by Association). He delivered sessions at a
weekend conference and provided legal advice and support to grassroots
organisations on how to use legislation effectively. The impact of this is that
organisational like JENGbA have been able to create a sustained awareness, not
only with the general public but also among parliamentarians. Tunde’s
enthusiasm for championing social justice has inspired individuals and
grassroots organisations to increase the frequency of their knowledge-sharing
conferences. He is often invited to speak and facilitate dialogue during these
conferences.
also supports grassroots organisations such as the campaign group, JENGbA
(Joint Enterprise Not Guilty by Association). He delivered sessions at a
weekend conference and provided legal advice and support to grassroots
organisations on how to use legislation effectively. The impact of this is that
organisational like JENGbA have been able to create a sustained awareness, not
only with the general public but also among parliamentarians. Tunde’s
enthusiasm for championing social justice has inspired individuals and
grassroots organisations to increase the frequency of their knowledge-sharing
conferences. He is often invited to speak and facilitate dialogue during these
conferences.
Tunde
was an advisor to ‘The Citizen’s Inquiry into the Tottenham Riot’ in 2011. He
helped to produce and edit a report that looked into the causes, effects and solutions
in relation to the public disturbances. Tunde was an integral part of the fact
finding exercise and facilitated dialogue between the residents of Tottenham.
This report influenced national policy and helped secure funding for the
residents of Tottenham.
was an advisor to ‘The Citizen’s Inquiry into the Tottenham Riot’ in 2011. He
helped to produce and edit a report that looked into the causes, effects and solutions
in relation to the public disturbances. Tunde was an integral part of the fact
finding exercise and facilitated dialogue between the residents of Tottenham.
This report influenced national policy and helped secure funding for the
residents of Tottenham.
Tunde
is regularly invited to speak at the Law Society in relation to diversity
within the profession, and inspiring those from non-traditional backgrounds to
consider entering the profession.
is regularly invited to speak at the Law Society in relation to diversity
within the profession, and inspiring those from non-traditional backgrounds to
consider entering the profession.
Tunde
is also asked to make regular appearances on the BBC radio in recognition of
his work within the community. In addition, he hosted the BBC (London) youth
‘London Speaks’ debate in aid of the 1,000 days until the 2012 Olympic Games
celebration. Tunde featured as an expert on the BBC Radio 1 Xtra broadcast
“GANGS ON FILM” alongside Noel Clarke, Ashley Walters and many
others. Here he was asked to share his opinions on why young people join gangs
and become entrenched in crime. He also featured as an expert on The London
Live documentary “TRAPTOWN”, where he was asked to share his opinions on the
how the criminal justice system impacts young people.
is also asked to make regular appearances on the BBC radio in recognition of
his work within the community. In addition, he hosted the BBC (London) youth
‘London Speaks’ debate in aid of the 1,000 days until the 2012 Olympic Games
celebration. Tunde featured as an expert on the BBC Radio 1 Xtra broadcast
“GANGS ON FILM” alongside Noel Clarke, Ashley Walters and many
others. Here he was asked to share his opinions on why young people join gangs
and become entrenched in crime. He also featured as an expert on The London
Live documentary “TRAPTOWN”, where he was asked to share his opinions on the
how the criminal justice system impacts young people.
Tunde
was invited to attend the Star Symposium in Stein am Rhein, a symposium for
Leaders of the Next Generation. He is the only person to date, to have been
awarded a full bursary to attend. The conference recognises individuals
worldwide between the ages of 35-50, and he was recognised for his work and
accomplishments in the community despite only being 28 years old at the time.
was invited to attend the Star Symposium in Stein am Rhein, a symposium for
Leaders of the Next Generation. He is the only person to date, to have been
awarded a full bursary to attend. The conference recognises individuals
worldwide between the ages of 35-50, and he was recognised for his work and
accomplishments in the community despite only being 28 years old at the time.
At
the international level, Tunde was involved in the Griffiths Trust ‘HUSH THE
GUNS’ Project in Kingston, Jamaica in 2009. Tunde was also commissioned by the
Jamaican and Canadian Government to facilitate workshops for disaffected
youths. He was selected as a UK ambassador to attend an international
conference with China on 2009 where the focus was on social entrepreneurship
and community cohesion (Sponsored by Cisco systems). He continues to share the
knowledge acquired on these programmes with local groups and individuals in
communities in the UK.
the international level, Tunde was involved in the Griffiths Trust ‘HUSH THE
GUNS’ Project in Kingston, Jamaica in 2009. Tunde was also commissioned by the
Jamaican and Canadian Government to facilitate workshops for disaffected
youths. He was selected as a UK ambassador to attend an international
conference with China on 2009 where the focus was on social entrepreneurship
and community cohesion (Sponsored by Cisco systems). He continues to share the
knowledge acquired on these programmes with local groups and individuals in
communities in the UK.
Tunde
had the opportunity to share his knowledge of the law, as part of a delegation
sent to Nigeria by the Bar Human Rights Committee in partnership with UNICEF.
The project aimed to enhance the capacity of the Child Protection Network (CPN)
set up across different states in Nigeria. This was achieved though conducting
human rights monitoring and documentation, with a particular focus on case
management, interviewing and statement taking from children. The project also
worked by engaging regional and international mechanisms of redress. Tunde
delivered training on the aforesaid issues to legal practitioners, social
workers and government ministers.
had the opportunity to share his knowledge of the law, as part of a delegation
sent to Nigeria by the Bar Human Rights Committee in partnership with UNICEF.
The project aimed to enhance the capacity of the Child Protection Network (CPN)
set up across different states in Nigeria. This was achieved though conducting
human rights monitoring and documentation, with a particular focus on case
management, interviewing and statement taking from children. The project also
worked by engaging regional and international mechanisms of redress. Tunde
delivered training on the aforesaid issues to legal practitioners, social
workers and government ministers.
In
summary, Tunde’s efforts demonstrate continuous service to every facet of his
profession; diversity, pro-bono, and representation of the disaffected. His
contribution to wider community and his perseverance though adversity is a
testimony of success, sacrifice and service.
summary, Tunde’s efforts demonstrate continuous service to every facet of his
profession; diversity, pro-bono, and representation of the disaffected. His
contribution to wider community and his perseverance though adversity is a
testimony of success, sacrifice and service.
Qualifications and Positions Held
Oct.
2014 – November
2015 Advisory Board
Member – Police Now
2014 – November
2015 Advisory Board
Member – Police Now
Nov.
2013 – Present
Patron – Hackney Community Law Centre
2013 – Present
Patron – Hackney Community Law Centre
July
2013 – Present
Registered Lawyer under The FA
Football Agents Regulations
2013 – Present
Registered Lawyer under The FA
Football Agents Regulations
April
2013- Present Freeman at
the Worshipful Company of World Traders
2013- Present Freeman at
the Worshipful Company of World Traders
Dec.
2012 –
Present
Consultant for Amber and Greene
2012 –
Present
Consultant for Amber and Greene
Sept.
2011 – Feb. 2012 Legal Advisor
– Citizens Inquiry into the Tottenham Riots
2011 – Feb. 2012 Legal Advisor
– Citizens Inquiry into the Tottenham Riots
May
2011 – Present
Barrister – Doughty Street Chambers
2011 – Present
Barrister – Doughty Street Chambers
Apr.
2008 – Mar. 2014 Trustee – From
Boyhood to Manhood Foundation
2008 – Mar. 2014 Trustee – From
Boyhood to Manhood Foundation
Nov.
2008 – May 2011 Barrister – 4 Breams
Buildings Chambers
2008 – May 2011 Barrister – 4 Breams
Buildings Chambers
Sept.
2006 – Sept. 2007 Board Member – Southwark
Youth Crime Prevention
Board
2006 – Sept. 2007 Board Member – Southwark
Youth Crime Prevention
Board
Jun.
2006 – Present
President and Founder – Urban Lawyers
2006 – Present
President and Founder – Urban Lawyers
Jun.
2005 – Mar. 2008 Director – From Boyhood to Manhood
Foundation Charity
2005 – Mar. 2008 Director – From Boyhood to Manhood
Foundation Charity
Awards
- Winner
– The Inaugural Chambers & Partners Award for ‘Outstanding
Contribution to Diversity’ - Finalist
– The Law Society Gazette Legal Personality of the Year 2015 - Finalist
– Black British Awards 2015 for Professional Services. - Ted
X Tottenham 2015 - Winner
– Legal Diversity Award 2014 (Diversity Champion) - Finalist
– National Diversity Awards 2014 - Junior
Chamber of International London Ten Outstanding Young People Award 2013 - Shortlisted
for Young Legal Aid Barrister of the Year 2012 - Awarded
O2 Think big award for my work with Urban Lawyers 2012 - Lawyer
monthly publication for the barrister awards as the young barrister of the
year 2012 - Runner
up for Mayor of London’s Peace Awards 2011 - Awarded
Millennium by UnLtd for his work with Urban Lawyers 2010
Website – www.tundeokewale.com
Twitter – @urbnlawyer
LinkedIn – https://www.linkedin.com/in/
Doughty Street Chambers- http://www.doughtystreet.co.
Urban Lawyers – http://www.urbanlawyers.co.uk
Killing of unarmed pro-Biafra supporters by military must be urgently investigated
|
| Photo Credit – onyipeters.com |
An on-the-ground investigation by
Amnesty International has confirmed that the Nigerian army gunned down unarmed
people ahead of last month’s planned pro-Biafran commemoration events in
Onitsha, Anambra state.
Amnesty International has confirmed that the Nigerian army gunned down unarmed
people ahead of last month’s planned pro-Biafran commemoration events in
Onitsha, Anambra state.
Evidence gathered from eyewitnesses,
morgues and hospitals confirms that between 29-30 May 2016, the Nigerian
military opened fire on members of the Indigenous people of Biafra (IPOB),
supporters and bystanders at three locations in the town.
morgues and hospitals confirms that between 29-30 May 2016, the Nigerian
military opened fire on members of the Indigenous people of Biafra (IPOB),
supporters and bystanders at three locations in the town.
“Opening fire on peaceful IPOB
supporters and bystanders who clearly posed no threat to anyone is an
outrageous use of unnecessary and excessive force and resulted in multiple
deaths and injuries. In one incident one person was shot dead after the
authorities burst in on them while they slept,” said M.K. Ibrahim, Country
Director of Amnesty International Nigeria.
supporters and bystanders who clearly posed no threat to anyone is an
outrageous use of unnecessary and excessive force and resulted in multiple
deaths and injuries. In one incident one person was shot dead after the
authorities burst in on them while they slept,” said M.K. Ibrahim, Country
Director of Amnesty International Nigeria.
Opening
fire on peaceful IPOB supporters and bystanders who clearly posed no threat to
anyone is an outrageous use of unnecessary and excessive force and resulted in
multiple deaths and injuries.
fire on peaceful IPOB supporters and bystanders who clearly posed no threat to
anyone is an outrageous use of unnecessary and excessive force and resulted in
multiple deaths and injuries.
M.K.
Ibrahim, Country Director of Amnesty International Nigeria
Ibrahim, Country Director of Amnesty International Nigeria
“These shootings, some of which may
amount to extrajudicial executions, must be urgently and independently
investigated and anyone suspected of criminal responsibility must be brought to
justice.”
amount to extrajudicial executions, must be urgently and independently
investigated and anyone suspected of criminal responsibility must be brought to
justice.”
The exact number of deaths is unknown,
partly due to the fact that the Nigerian army took away corpses and the
injured.
partly due to the fact that the Nigerian army took away corpses and the
injured.
In
one incident one person was shot dead after the authorities burst in on them
while they slept.
one incident one person was shot dead after the authorities burst in on them
while they slept.
– MK
Ibrahim
Ibrahim
Amnesty International has received
reports from various sources on the ground alleging that at least 40 people
were killed and more than 50 injured.
reports from various sources on the ground alleging that at least 40 people
were killed and more than 50 injured.
After visits to hospitals and morgues,
the organization has confirmed – based on this initial investigation – that at
least 17 people were killed and nearly 50 injured. The real number is likely to
be higher.
the organization has confirmed – based on this initial investigation – that at
least 17 people were killed and nearly 50 injured. The real number is likely to
be higher.
Some of the dead and injured IPOB
supporters seen by an Amnesty International researcher were shot in the back, an
indication that they were fleeing the scene when they were shot.
supporters seen by an Amnesty International researcher were shot in the back, an
indication that they were fleeing the scene when they were shot.
The leadership of IPOB claim more than
50 of their members were killed. The Nigerian army has said in a statement that
they acted in self-defence, and five IPOB members were killed. However, Amnesty
International has seen no evidence that the killings were necessary to protect
life. Although the police also claim that IPOB supporters killed two policemen
the next day in neighbouring Asaba, Delta state, Amnesty International cannot
confirm this claim. However, such killings would not substantiate the army’s
argument they acted in self-defence.
50 of their members were killed. The Nigerian army has said in a statement that
they acted in self-defence, and five IPOB members were killed. However, Amnesty
International has seen no evidence that the killings were necessary to protect
life. Although the police also claim that IPOB supporters killed two policemen
the next day in neighbouring Asaba, Delta state, Amnesty International cannot
confirm this claim. However, such killings would not substantiate the army’s
argument they acted in self-defence.
A joint security operation was carried
out by the Nigerian army, police and navy between the night of 29 May and
throughout 30May, apparently intended to prevent a march by IPOB members from
the Nkpor motor park to a nearby field for a rally. Before the march began the
military raided homes and a church where IPOB members were sleeping.
out by the Nigerian army, police and navy between the night of 29 May and
throughout 30May, apparently intended to prevent a march by IPOB members from
the Nkpor motor park to a nearby field for a rally. Before the march began the
military raided homes and a church where IPOB members were sleeping.
IPOB supporters told Amnesty
International that hundreds of people who had come from neighbouring states,
were asleep in the St Edmunds Catholic church when soldiers stormed the
compound on 29 May.
International that hundreds of people who had come from neighbouring states,
were asleep in the St Edmunds Catholic church when soldiers stormed the
compound on 29 May.
I
saw one boy trying to answer a question. He immediately raised his hands, but
the soldiers opened fire…He lay down, lifeless. I saw this myself
saw one boy trying to answer a question. He immediately raised his hands, but
the soldiers opened fire…He lay down, lifeless. I saw this myself
Witness
to the shootings.
to the shootings.
A 32-year-old hair dresser who was in
the church told Amnesty International: “At about midnight we heard someone
banging the door. We refused to open the door but they forced the door open and
started throwing teargas. They also started shooting inside the compound.
People were running to escape. I saw one guy shot in the stomach. He fell down
but the teargas could not allow people to help him. I did not know what
happened to the guy as I escaped and ran away.”
the church told Amnesty International: “At about midnight we heard someone
banging the door. We refused to open the door but they forced the door open and
started throwing teargas. They also started shooting inside the compound.
People were running to escape. I saw one guy shot in the stomach. He fell down
but the teargas could not allow people to help him. I did not know what
happened to the guy as I escaped and ran away.”
Another witness told Amnesty
International that on the morning of 30 Mayhe saw soldiers open fire on a group
of around 20 men and boys aged between 15 and 45 at the Nkpor Motor Park on the
morning of 30 May. He says that five of them were killed.“I stood about two
poles [approximately 100 metres] away from where the men were being shot and
killed. I couldn’t quite hear what they were asking the boys, but I saw one boy
trying to answer a question. He immediately raised his hands, but the soldiers
opened fire…He lay down, lifeless. I saw this myself.”
International that on the morning of 30 Mayhe saw soldiers open fire on a group
of around 20 men and boys aged between 15 and 45 at the Nkpor Motor Park on the
morning of 30 May. He says that five of them were killed.“I stood about two
poles [approximately 100 metres] away from where the men were being shot and
killed. I couldn’t quite hear what they were asking the boys, but I saw one boy
trying to answer a question. He immediately raised his hands, but the soldiers
opened fire…He lay down, lifeless. I saw this myself.”
The witness described how military
officers loaded men with gunshot wounds into one van, and what appeared to be
corpses into another.
officers loaded men with gunshot wounds into one van, and what appeared to be
corpses into another.
Later that morning, another witness
described how police shot a child bystander as a group of young men protested
the shootings, blocking a road and burning tyres along the Eke-Nkpor junction.
described how police shot a child bystander as a group of young men protested
the shootings, blocking a road and burning tyres along the Eke-Nkpor junction.
He told Amnesty International: “I heard
a police siren and everybody started running helter-skelter. I ran away with
other people, but before we left, the police fired tear gas at us and shot a
boy in my presence. He was just hawking in the street. He wasn’t even there to
protest,” he said.
a police siren and everybody started running helter-skelter. I ran away with
other people, but before we left, the police fired tear gas at us and shot a
boy in my presence. He was just hawking in the street. He wasn’t even there to
protest,” he said.
An Amnesty International researcher
visited three hospitals in Onitsha and surrounding towns and saw 41 men being
treated for gunshot wounds in the stomach, shoulder, leg, back and ankle. The
researcher also visited mortuaries in Onitsha and saw five corpses with bullet
wounds, all brought in by IPOB members on 30 May.
visited three hospitals in Onitsha and surrounding towns and saw 41 men being
treated for gunshot wounds in the stomach, shoulder, leg, back and ankle. The
researcher also visited mortuaries in Onitsha and saw five corpses with bullet
wounds, all brought in by IPOB members on 30 May.
Amnesty International has been informed
that many of those killed or injured are still held by the military and police.
Several witnesses said that the military loaded corpses in their vehicles and
took them to Onitsha military barracks. Amnesty International was not able to
confirm this.
that many of those killed or injured are still held by the military and police.
Several witnesses said that the military loaded corpses in their vehicles and
took them to Onitsha military barracks. Amnesty International was not able to
confirm this.
One witness told Amnesty International
that around 30 people were held in the military barracks, while another witness
said 23 people who were held in State Criminal Investigation Department were
brought to court.
that around 30 people were held in the military barracks, while another witness
said 23 people who were held in State Criminal Investigation Department were
brought to court.
Following the shootings, the military
told media sources that the soldiers only opened fire after being shot at
first, but Amnesty International’s research has found no evidence to support
this. All the people the organization interviewed said that the protesters were
not armed; one young man said that he threw stones at the police and military
after they shot teargas at the IPOB members. He said the military then fired
live ammunition in return.
told media sources that the soldiers only opened fire after being shot at
first, but Amnesty International’s research has found no evidence to support
this. All the people the organization interviewed said that the protesters were
not armed; one young man said that he threw stones at the police and military
after they shot teargas at the IPOB members. He said the military then fired
live ammunition in return.
This
is not the first time that IPOB supporters have died at the hands of the
military. It is becoming a worrying pattern and this incident and others must
be immediately investigated.
is not the first time that IPOB supporters have died at the hands of the
military. It is becoming a worrying pattern and this incident and others must
be immediately investigated.
MK
Ibrahim
Ibrahim
Information gathered by Amnesty
International indicates that the deaths of supporters and members of IPOB was
the consequence of excessive, and unnecessary use of force.
International indicates that the deaths of supporters and members of IPOB was
the consequence of excessive, and unnecessary use of force.
International law requires the
government to promptly investigate unlawful killings with a view to bringing
the perpetrators to justice. Amnesty International is also calling for those
IPOB supporters still held in detention without charge to be either
immediately charged or released.
government to promptly investigate unlawful killings with a view to bringing
the perpetrators to justice. Amnesty International is also calling for those
IPOB supporters still held in detention without charge to be either
immediately charged or released.
“This is not the first time that IPOB
supporters have died at the hands of the military. It is becoming a worrying
pattern and this incident and others must be immediately investigated,” said M.
K. Ibrahim.
supporters have died at the hands of the military. It is becoming a worrying
pattern and this incident and others must be immediately investigated,” said M.
K. Ibrahim.
“In addition there must be an end to
the pattern of increased militarization of crowd control operations as soldiers
are frequently deployed to undertake routine policing functions.”
the pattern of increased militarization of crowd control operations as soldiers
are frequently deployed to undertake routine policing functions.”
Background
Amnesty International interviewed 32
witnesses between 1-3 June in Onitsha and an additional five people on the
phone.
witnesses between 1-3 June in Onitsha and an additional five people on the
phone.
The IPOB members had informed the
Anambra State Police Commissioner of their plans for Biafra Remembrance day and
requested for security to be provided for the procession.
Anambra State Police Commissioner of their plans for Biafra Remembrance day and
requested for security to be provided for the procession.
Amnesty International has been conducting
research into violence and killings of IPOB members and supporters in south
east Nigeria since January 2016. A comprehensive report will be published in
the near future.
research into violence and killings of IPOB members and supporters in south
east Nigeria since January 2016. A comprehensive report will be published in
the near future.
The organization’s research shows that
since August 2015, there have been at least five similar incidents in Onitsha
alone where the police and military shot unarmed IPOB members and supporters.
Amnesty International has documented cases of alleged unlawful killings by the
Nigerian army between August 2015 and May 2016.
since August 2015, there have been at least five similar incidents in Onitsha
alone where the police and military shot unarmed IPOB members and supporters.
Amnesty International has documented cases of alleged unlawful killings by the
Nigerian army between August 2015 and May 2016.
In August 2015, military officers
opened fire on peaceful supporters of IPOB calling for an independent Biafran
state. The killings and mass arrests of members and supporters of IPOB by a
joint military and police operations continued in October, November and December
2015.
opened fire on peaceful supporters of IPOB calling for an independent Biafran
state. The killings and mass arrests of members and supporters of IPOB by a
joint military and police operations continued in October, November and December
2015.
On 17 December 2015 for example, the
military killed five people when they opened fire on members of the IPOB who
were demonstrating in Onitsha in a celebration of a court order for the release
of their purported leader, Nnamdi Kanu.
military killed five people when they opened fire on members of the IPOB who
were demonstrating in Onitsha in a celebration of a court order for the release
of their purported leader, Nnamdi Kanu.
In February 2016, the Nigerian military
used excessive force to disperse a peaceful gathering in a school compound in
Aba. At least nine people were killed and many more injured.
used excessive force to disperse a peaceful gathering in a school compound in
Aba. At least nine people were killed and many more injured.
The Nigerian government has not
conducted any independent investigation into any of these incidents.
conducted any independent investigation into any of these incidents.
The right to peaceful assembly and
association, as well as the right of freedom of expression, is protected by the
Nigerian constitution. International human rights standards also require that
law enforcement officials must, as far as possible, apply nonviolent means. The
intentional lethal use of firearms is only permissible when strictly
unavoidable in order to protect life.
association, as well as the right of freedom of expression, is protected by the
Nigerian constitution. International human rights standards also require that
law enforcement officials must, as far as possible, apply nonviolent means. The
intentional lethal use of firearms is only permissible when strictly
unavoidable in order to protect life.
Ed’s Note- This post was copied from the Amnesty Website here
Vivian Nwobi – Making Boards Effective: The Role of the Company Secretary
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| Photo Credit – Fortune.com |
In the past, the definition given to
the term “Company Secretary” tended to undermine the role of the Company
Secretary in the scheme of the company’s operations. Although the legal status
of the Company Secretary is not provided for in most legislation that governs
company affairs, it is generally accepted that the secretary is the chief
administrative officer of the business of the company. The position of the
Company Secretary as a mere clerk was overturned in the case of Panorama
Developments v. Fidelis Furnishing, the Court of Appeal held that even where the
authority is not expressly conferred nor conferred by implication, the
secretary is nevertheless the company’s chief administrative officer and has
ostensible authority in day-to-day administrative matters.
the term “Company Secretary” tended to undermine the role of the Company
Secretary in the scheme of the company’s operations. Although the legal status
of the Company Secretary is not provided for in most legislation that governs
company affairs, it is generally accepted that the secretary is the chief
administrative officer of the business of the company. The position of the
Company Secretary as a mere clerk was overturned in the case of Panorama
Developments v. Fidelis Furnishing, the Court of Appeal held that even where the
authority is not expressly conferred nor conferred by implication, the
secretary is nevertheless the company’s chief administrative officer and has
ostensible authority in day-to-day administrative matters.
The Company Secretary has a formal
legal role to play within the company as the Companies and Allied Matters Act
makes the appointment of a Company Secretary a necessity for companies doing
business in Nigeria but there is however no legal inhibition or penalty on a
company for failure to appoint a Company Secretary. The appointment of the
Company Secretary is a function of the company’s Board of Directors.
legal role to play within the company as the Companies and Allied Matters Act
makes the appointment of a Company Secretary a necessity for companies doing
business in Nigeria but there is however no legal inhibition or penalty on a
company for failure to appoint a Company Secretary. The appointment of the
Company Secretary is a function of the company’s Board of Directors.
The role of the Company Secretary is of
great practical importance within the corporate governance of a company and in
relation to the effectiveness of the company’s Board of Directors. The
responsibility of the Company Secretary in this capacity is to the company’s
Board of Directors through the chairman of the Board. The Company Secretary is
expected to maintain his integrity and independence in the performance of this
role so that his impartiality is not compromised.
great practical importance within the corporate governance of a company and in
relation to the effectiveness of the company’s Board of Directors. The
responsibility of the Company Secretary in this capacity is to the company’s
Board of Directors through the chairman of the Board. The Company Secretary is
expected to maintain his integrity and independence in the performance of this
role so that his impartiality is not compromised.
The Company Secretary is a resource for
the whole Board as such all directors should have access to the advice and
services of the Company Secretary. The Company Secretary should also
demonstrate depth of knowledge Secretary in his ability to keep under review
legislative, regulatory and governance developments which have the tendency of
impacting either positively or negatively on the business of the company.
the whole Board as such all directors should have access to the advice and
services of the Company Secretary. The Company Secretary should also
demonstrate depth of knowledge Secretary in his ability to keep under review
legislative, regulatory and governance developments which have the tendency of
impacting either positively or negatively on the business of the company.
The Company Secretary should possess
strength of personality as he acts as the “conscience of the company”. The
Company Secretary ensures compliance of the company to its statutory
obligations by a combination of his personal actions and by advising the Board
of directors collectively and individually of their own duties and
responsibilities. The Company Secretary also requires excellent communication
skills, and a thorough knowledge of the company’s business. Being a crucial
link between the company and its service providers like accountants and
solicitors, sound knowledge of the company’s business will aid the Company
Secretary in assessing their ability, competencies and performance. It will
further aid proper coordination of the company’s activities. The Company
Secretary also needs to manage various relationships within the company in a
way that facilitates the business of the company.
strength of personality as he acts as the “conscience of the company”. The
Company Secretary ensures compliance of the company to its statutory
obligations by a combination of his personal actions and by advising the Board
of directors collectively and individually of their own duties and
responsibilities. The Company Secretary also requires excellent communication
skills, and a thorough knowledge of the company’s business. Being a crucial
link between the company and its service providers like accountants and
solicitors, sound knowledge of the company’s business will aid the Company
Secretary in assessing their ability, competencies and performance. It will
further aid proper coordination of the company’s activities. The Company
Secretary also needs to manage various relationships within the company in a
way that facilitates the business of the company.
In many companies, the Company
Secretary also doubles as in-house-counsel (Chief Legal Officer, Legal Adviser,
etc.) and reports to the Managing Director. He is also a member of the
Management team in some companies. The duality of these functions and
responsibilities performed by the Company Secretary usually casts doubts on his
ability to maintain the level of independence required of his office. There are
also issues of conflict of interest which may arise in carrying out the duties
of both offices. It therefore becomes necessary for the company to adopt a
structure which guarantees the independence of the Company Secretary and
entrenches a valuable corporate governance culture within the company.
Secretary also doubles as in-house-counsel (Chief Legal Officer, Legal Adviser,
etc.) and reports to the Managing Director. He is also a member of the
Management team in some companies. The duality of these functions and
responsibilities performed by the Company Secretary usually casts doubts on his
ability to maintain the level of independence required of his office. There are
also issues of conflict of interest which may arise in carrying out the duties
of both offices. It therefore becomes necessary for the company to adopt a
structure which guarantees the independence of the Company Secretary and
entrenches a valuable corporate governance culture within the company.
It is the aim of companies to achieve
the highest standards of transparency, accountability and good corporate
governance without unduly inhibiting enterprise and innovation. It is therefore
imperative that the position of the Company Secretary is occupied by an
individual with the requisite diversity of knowledge and experience necessary
to assist the Board in steering the growth of the company in the right
direction.
the highest standards of transparency, accountability and good corporate
governance without unduly inhibiting enterprise and innovation. It is therefore
imperative that the position of the Company Secretary is occupied by an
individual with the requisite diversity of knowledge and experience necessary
to assist the Board in steering the growth of the company in the right
direction.
Ed’s Note: This article was originally
posted here
posted here
Natasha Brown – Five Simple Skills to Excel at Lawyering
In
my position as the legal director of student-run law clinic, I supervise and
teach law students. In this role, I am often asked what makes a good
lawyer. When I was in private practice, I assumed that exemplary drafting
and public speaking skills were required to make “good lawyers.” I was (mostly)
wrong.
my position as the legal director of student-run law clinic, I supervise and
teach law students. In this role, I am often asked what makes a good
lawyer. When I was in private practice, I assumed that exemplary drafting
and public speaking skills were required to make “good lawyers.” I was (mostly)
wrong.
Now,
when a new school term starts, I make sure to tell the new batch of law
students that they simply need to master five simple skills to excel in the
profession:
when a new school term starts, I make sure to tell the new batch of law
students that they simply need to master five simple skills to excel in the
profession:
1. Be Kind
So
basic, but so often forgotten. Be kind to the court. Be kind to your
client. Be kind to the opposing client. Be kind to opposing
counsel. Reputation is everything. The legal community is small and
lawyers like to gossip; if you are kind to other lawyers, court staff and the
judiciary, it will be noticed. Smile. Say “Thank you.” Be courteous—basic
manners go a long way. Court clerks and court administration staff are
strong allies, they have more knowledge on legal processes than you and can
make your life as a lawyer pleasant or miserable. Show them the respect they
deserve. Don’t forget, clerks talk to judges. Kindness to opposing
counsel/the opposing client can help your client. Overly aggressive behavior
will entice aggressive behavior in return. Don’t forget the collaborative
lawyering skills you learned in your negotiation class.
basic, but so often forgotten. Be kind to the court. Be kind to your
client. Be kind to the opposing client. Be kind to opposing
counsel. Reputation is everything. The legal community is small and
lawyers like to gossip; if you are kind to other lawyers, court staff and the
judiciary, it will be noticed. Smile. Say “Thank you.” Be courteous—basic
manners go a long way. Court clerks and court administration staff are
strong allies, they have more knowledge on legal processes than you and can
make your life as a lawyer pleasant or miserable. Show them the respect they
deserve. Don’t forget, clerks talk to judges. Kindness to opposing
counsel/the opposing client can help your client. Overly aggressive behavior
will entice aggressive behavior in return. Don’t forget the collaborative
lawyering skills you learned in your negotiation class.
2. Be Professional
Unfortunately,
there are lawyers who show up to court unprepared, both in terms of dress and
in terms of organization. “Wear a suit jacket to court.” “Iron your shirt
and tie.” “Leggings are not suit pants.” “If you wear it to a club, it’s not
appropriate to wear to court.” “Turn your phone off.” Although this may seem
like common sense, I have made all of the statements to law students at court
on a number of occasions.
there are lawyers who show up to court unprepared, both in terms of dress and
in terms of organization. “Wear a suit jacket to court.” “Iron your shirt
and tie.” “Leggings are not suit pants.” “If you wear it to a club, it’s not
appropriate to wear to court.” “Turn your phone off.” Although this may seem
like common sense, I have made all of the statements to law students at court
on a number of occasions.
Have
your diary with you. The easiest way to do this is to sync your work calendar
to your mobile device. Come ready to set a further court hearing.
your diary with you. The easiest way to do this is to sync your work calendar
to your mobile device. Come ready to set a further court hearing.
Don’t
have papers crumbled in a pile. Every day I see lawyers rummaging through
papers when addressing the court. Have your documents ready in an organized
fashion. Use tabs.
have papers crumbled in a pile. Every day I see lawyers rummaging through
papers when addressing the court. Have your documents ready in an organized
fashion. Use tabs.
If
you look professional, you will garner respect. Generally speaking, the
converse applies if you do not.
you look professional, you will garner respect. Generally speaking, the
converse applies if you do not.
3. Don’t Be Late!
I
am continually surprised by the number of lawyers (both junior and senior) who
miss court filing deadlines, miss court appearances, or generally fail to
adhere to deadlines previously agreed to. In today’s tech-savvy world,
there are no excuses for this! All deadlines should be entered into your online
calendar.
am continually surprised by the number of lawyers (both junior and senior) who
miss court filing deadlines, miss court appearances, or generally fail to
adhere to deadlines previously agreed to. In today’s tech-savvy world,
there are no excuses for this! All deadlines should be entered into your online
calendar.
Set
alerts so you are reminded about deadlines in advance.
alerts so you are reminded about deadlines in advance.
Block
time off in your calendar the day(s) before the filing deadline to ensure you
have the time necessary to complete the task. Make an appointment with yourself
to get the job done. Set an alarm on your computer or mobile phone to give
you enough time to get to court.
time off in your calendar the day(s) before the filing deadline to ensure you
have the time necessary to complete the task. Make an appointment with yourself
to get the job done. Set an alarm on your computer or mobile phone to give
you enough time to get to court.
4. Meet/Manage
Expectations
Respond
to emails! Yes—the days of a junior lawyer are extremely busy, but respond to
your client. Responding to a client’s email can take as little as one minute.
to emails! Yes—the days of a junior lawyer are extremely busy, but respond to
your client. Responding to a client’s email can take as little as one minute.
If
a client sends you an email and you just don’t have time to answer it, ask your
assistant to respond. Ask your assistant to tell the client that you received
the message and are tied up for the next couple days but you will respond by X
date. Then, make sure you respond by that date! Set a deadline farther out
than you think you need. If you happen to respond earlier, then your client
will be pleasantly surprised.
a client sends you an email and you just don’t have time to answer it, ask your
assistant to respond. Ask your assistant to tell the client that you received
the message and are tied up for the next couple days but you will respond by X
date. Then, make sure you respond by that date! Set a deadline farther out
than you think you need. If you happen to respond earlier, then your client
will be pleasantly surprised.
If
you don’t have an assistant and are crunched for time, use Siri (or any other
electronic dictation tool) to send a quick email to the client. Let the client
know you will respond to their questions by X date. The client will be
less likely to inundate you with, “Why haven’t you responded to me?” emails in
the interim which saves you time in the long run.
you don’t have an assistant and are crunched for time, use Siri (or any other
electronic dictation tool) to send a quick email to the client. Let the client
know you will respond to their questions by X date. The client will be
less likely to inundate you with, “Why haven’t you responded to me?” emails in
the interim which saves you time in the long run.
If
you know you are not going to meet a deadline, let the client and/or the other
lawyer know in advance. They will more understanding if you ask for an
extension in advance rather than if you ignore them altogether.
you know you are not going to meet a deadline, let the client and/or the other
lawyer know in advance. They will more understanding if you ask for an
extension in advance rather than if you ignore them altogether.
5. Ask for Help/Make
Connections
There
is no need to reinvent the wheel. If you are acting on a file and don’t know
what to do, ask someone for help! Don’t guess. Don’t spend hours and hours
researching the answer when someone else in your firm, at the courts or
anywhere else, can help you.
is no need to reinvent the wheel. If you are acting on a file and don’t know
what to do, ask someone for help! Don’t guess. Don’t spend hours and hours
researching the answer when someone else in your firm, at the courts or
anywhere else, can help you.
Figure
out who the experts are and develop relationships with them. Ask around or
snoop on firm websites and social media. Attend continuing legal education
sessions. Join lawyer groups that interest you.
out who the experts are and develop relationships with them. Ask around or
snoop on firm websites and social media. Attend continuing legal education
sessions. Join lawyer groups that interest you.
Lawyers,
more often than not, are more than willing to take the time to help and mentor.
Engage them.
more often than not, are more than willing to take the time to help and mentor.
Engage them.
Ed’s Note: This article
was written by Natasha Brown, Natasha received her Bachelor of Education in
2001 and her Bachelor of Laws in 2005. She was called to the Bar in Manitoba in
2006. Following her call, Natasha worked in private practice until the fall of
2012, at which point she became the Family Law Supervisor at the Legal Help Centre. In late summer of
2014, Natasha became the Centre’s Legal Director. The article was originally published here.
was written by Natasha Brown, Natasha received her Bachelor of Education in
2001 and her Bachelor of Laws in 2005. She was called to the Bar in Manitoba in
2006. Following her call, Natasha worked in private practice until the fall of
2012, at which point she became the Family Law Supervisor at the Legal Help Centre. In late summer of
2014, Natasha became the Centre’s Legal Director. The article was originally published here.